The defendant by the foregoing portion of his
statement quoted above, clearly raised the defence of
provocation.
That
portion
of
the
defendant’s
statement have been corroborated by his evidence-inchief when he testified as DW1 where he testified as
follows:“I went to Kwanberu junction at a computer
centre for the purpose of transferring films,
and while I was standing, I saw someboys
coming towards me and one of them cut me on
the head and another one cut me from behind
until I collapsed.”
What appears to be a corroborating evidence to the
foregoing piece of the defendant’s evidence with
respect to the fact that the defendant was indeed
attacked and injured and which also appeared to link
the defendant with the death of the deceased, is the
evidence of PW3 one Inspector Danjumma Giwa
who testified as follows:“I was assigned to record the statement of the
defendant. I then took my statement form and
invited the defendant to our detective room…
I observed the defendant has a wound on his
head, and I asked him what happened? The
defendant replied and said it was during a
fight between him and the deceased Ahmad
Abubakar.”
Under cross examination, PW3 also testified as
follows:“Yes I am aware that the defendant was
taken to hospital.”
Page 26 of 34